Justice confirms that the null dismissal of the Podemos lawyer was not a retaliation from the party

The Superior Court of Justice of Catalonia has once again rejected that the dismissal of Mónica Carmona was a retaliation by Podemos for investigating alleged irregularities within the political formation. The social judges have rejected the lawyer’s appeal against the sentence that sanctioned the reduction of her working day by half in December 2019 but they reject her allegation that it was all revenge by Podemos for investigating the irregularities that, later, José Manuel Calvente led the Civil Guard and they have resulted in the opening of the case known as ‘Neurona’.

The person in charge of audit of Podemos dismisses the position denouncing "financial irregularities" and in the primaries

The person in charge of audit of Podemos dismisses the position denouncing “financial irregularities” and in the primaries

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The resolution of the social chamber of the Catalan high court rejects the appeal of Carmona, who became responsible for Regulatory Compliance of the party that Pablo Iglesias then led. She started working for Podemos in 2016 assuming that responsibility a year later and was removed from that position, with a reduction in working hours by half, in december 2019. That same month, José Manuel Calvente, a former lawyer for the party, denounced an alleged criminal plot within the formation giving rise to the ‘Neurona’ case.

At first, the social court 1 of Granollers established the obligation of Podemos to restore Carmona in his full time, at the same time that it dictated his right to collect the salary difference that he had stopped receiving, but rejected that they were violated their fundamental rights. Something that the Superior Court of Justice of Catalonia now confirms by ensuring that his dismissal as head of Regulatory Compliance was not in retaliation for those inquiries about irregularities in the party.

The resolution, which has had as a speaker the magistrate Andreu Enfedaque, says verbatim: “As the trial judge indicates, it has not been demonstrated in the trial whether or not the plaintiff was aware of these irregularities.” The social magistrates explain that their job was, precisely, to pursue this type of supposedly illegal behavior within Podemos but that “at no time is it stated that he communicated them to a third person, not only to the party itself.” Precisely, they recall, that was their job: “It was the obligation of the plaintiff, a lawyer by profession and responsible for Regulatory Compliance, to communicate the facts to the party leadership.”

Based on the proven facts, therefore, the TSJC understands that Carmona did not exercise any fundamental right that could be affected by his dismissal or that allows the party’s movement to be understood as retaliation. The sentence says that “there has been neither the exercise of a right before the company nor its retaliation.” All this apart from the nullity of the dismissal already declared by the magistrate of the social court of Granollers in March.

The Neurona case

The so-called ‘Neurona case’ started in December 2019 when José Manuel Calvente, a former Podemos lawyer, went to the Civil Guard to report a bunch of irregularities allegedly committed within the party. Already then Calvente affirmed that he had investigated these events for months and that he had informed Mónica Carmona of all of them, also assuring the judge that she could give him more details. The 42nd court of Madrid, headed by Juan José Escalonilla, opened a case with many fronts focused on the hiring of the consultant ‘Neurona’ for the April 2019 elections.

Since then the cause has mutated with several pieces archived and others reopened on several occasions. Last October, for example, Judge Escalonilla filed the part of the case investigating the alleged diversion of funds from the Impulsa Project. At the beginning of this month of November the Provincial Court of Madrid ordered to investigate, among other things, the alleged use of a Podemos worker to take care of the daughter of Pablo Iglesias and Irene Montero in a rally, giving rise to a situation in the that several courts are investigating the same thing.

The departure of Calvente de Podemos was also conflictive and ended in court. In December 2020, the Madrid Provincial Court confirmed the file of the case against him for the alleged sexual harassment reported by Marta Flor, a lawyer for the party. Prior to this firm resolution, Podemos and Calvente They reached an agreement to acknowledge the inadmissibility of his dismissal and avoid going to trial in exchange for compensation of 30,000 euros.


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